RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04322
COUNSEL:
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge
characterization be changed to honorable and his grade of airman
basic (AB/E-1) be changed to senior airman (SrA/E-4).
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge characterization is contradictory in comparison to
his record of conduct during military service. He was a good
airman and is proud to have served. He has been employed for
the last 25 years and has recently lost his job. Since his
discharge and after many years of being employed, he did not
realize the impact the discharge characterization would have on
employment opportunities or he would have requested it earlier.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 21 Dec 83 separation and
extracts from his military personnel record, including training
certificates and performance evaluations.
The applicants complete submission, with attachments, is at
Exhibit A.
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STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 12 Feb 80 for
a period of four years. He was progressively promoted to the
grade of SrA, with an effective date and Date of Rank of
1 Feb 83.
The squadron commander initiated administrative discharge action
against the applicant, on 6 Dec 83, for a pattern of misconduct.
The specific reasons for the proposed action were:
1. On or about 1 Jul 80, the applicant was cited for
speeding in his privately-owned vehicle (POV), 68 miles per hour
(MPH) in a 35 MPH zone and failure to yield. He was arrested by
civilian authorities and received a Letter of Reprimand (LOR).
2. He received two TAC Forms 27, Record of Individual
Counseling, for being late two days in a row and failure to meet
AFR 35-10 standards.
3. He received an Article 15 for wrongful use of
tetrahydrocannabinol, a scheduled I controlled substance. His
punishment consisted of a suspended reduction in grade to airman
first class (A1C/E-3) and correctional custody for 30 days.
4. He received an Article 15 for being derelict in
the performance of his duties by willfully failing to provide
his own urine specimen. For this offense, his suspended
reduction to A1C was vacated and he was reduced to AB.
5. He received a letter from Social Actions for
failure to rehabilitate.
On 7 Dec 83, after consulting with counsel, the applicant waived
his right to submit statements in his own behalf. The staff
judge advocate recommended discharge, without probation and
rehabilitation (P&R). The discharge authority approved the
general discharge without P&R.
The applicant was discharged, on 21 Dec 83, under the provisions
of AFR 39-10, by reason of misconduct pattern of discreditable
involvement with military and civilian authorities, with service
characterized as general (under honorable conditions). He was
credited with 3 years, 10 months, and 10 days of active duty
service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, indicated based on
data furnished; they are unable to locate an arrest record.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred during the discharge process. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence which would lead us to
believe the characterization of the service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. The applicant
provided a statement and extracts from his military personnel
record in support of his appeal to have his discharge upgraded
based on clemency; however, considering his overall record of
service and the seriousness of the offenses which led to his
administrative separation, we are not persuaded that an upgrade
of the characterization of his discharge is warranted.
Therefore, in the absence of evidence to the contrary, we find
no basis upon which to recommend granting the relief sought.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-04322 in Executive Session on 19 July 2011, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Nov 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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